AN ACT Relating to Puget Sound management and cleanup; amending RCW 90.70.010, 90.70.020, and 90.70.900; adding new sections to chapter 90.70 RCW; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purpose of this chapter is to maintain a healthy and productive Puget Sound that provides for recreational enjoyment, the protection and propagation of a balanced population of shellfish, fish, and wildlife, commercial water-dependent and water-related activities consistent with clean water standards and shoreline management laws and regulations, and the protection of public health, public water supplies, and the ecology of Puget Sound.

It is further the intent of this chapter to utilize the resources of state agencies to initiate, review, approve, and direct corrective actions necessary to preserve the waters of Puget Sound.

All state agencies and political subdivisions of this state shall consider the impact their decisions will have on the quality of Puget Sound's water and sediment and, to the extent possible and feasible, assist in meeting the purposes of this chapter.

NEW SECTION. Sec. 2. The department of ecology shall review major studies relating to Puget Sound's water and sediment quality, consult with appropriate public agencies and interested parties, and prepare and present to the Puget Sound water quality authority regulations to protect and upgrade the Puget Sound environment.

Proposed regulations initiated under this section shall include, but are not limited to, the following areas:

(1) Timetables and conditions for the compliance of secondary treatment standards as required under the federal clean water act and applicable state laws and regulations;

(2) Timetables and conditions for the most reasonable elimination of untreated sewage entering Puget Sound waters through combined storm drainage-sewer overflows and other identified sources;

(3) Policies and requirements to protect sensitive shellfish areas and to reopen correctable but noncertifiable shellfish areas. Such regulations shall provide directions for the control of both point and nonpoint sources of pollution that pose a serious threat to the health and production of shellfish available for human consumption;

(4) Standards and guidelines for the protection and enhancement of wildlife, fish, and other aquatic resources;

(5) Policies relating to water quality, flood control, and storm runoff that are intended to prevent the degradation of Puget Sound waters or waters entering Puget Sound;

(6) Elements that shall be considered when reviewing and revising local land use and shoreline management plans that consider and mitigate any harmful impacts on Puget Sound from proposed developments and land use practices;

(7) Clean-up and remedial actions needed to improve the ecology of bays or parts of bays that have been identified by state and federal agencies as contaminated above acceptable levels;

(8) Elimination of, or conditions imposed upon, the disposal, storage, handling, production, transporting, and use of hazardous wastes that pose a threat to Puget Sound waters, sediment, fish, shellfish, wildlife, or other aquatic resources;

(9) A plan and requirements for the proper dredging of filling and disposal of dredge spoils and fill materials;

(10) Strengthening of industrial pretreatment standards to reduce the amount of toxic chemicals going into Puget Sound; and

(11) Methods to prevent the contamination of ground waters that eventually empty into Puget Sound.

Before recommending new regulations, the department of ecology shall consider the public and private cost to comply with new standards and requirements, the benefit to Puget Sound waters if such regulations are adopted, financial and other incentives that are or may be available for implementation, and public or targeted education programs that could be initiated and would be beneficial to successful compliance.

NEW SECTION. Sec. 3. The Puget Sound water quality authority shall review and either approve or disapprove proposed regulations intended to be imposed on a sound-wide basis and promulgated as a result of this chapter.

The authority shall provide for public hearings and a timely review of and decision on such proposed regulations. If the decision is to approve or after ninety days following the receipt of any proposed regulations no decision has been recorded by the authority, the regulations shall be adopted by the department of ecology.

If the authority rejects any regulations or parts thereof, the authority shall submit its decision together with its findings, comments, and suggested revisions to the department of ecology. If the department of ecology disputes the authority's decision, the department shall submit the regulations to the ecological commission established under RCW 43.21A.170 for approval, disapproval, or amendments. The decision of the commission shall be final.

The department of ecology may revise or amend any rejected regulations and resubmit the proposed measures to the authority under the same process as outlined in this chapter.

NEW SECTION. Sec. 4. The Puget Sound water quality authority shall review the enforcement practices of environmental laws and regulations by local, state, and federal agencies and make comments and recommendations to the agencies reviewed, the governor and elected officials overseeing those agencies, and the legislature.

NEW SECTION. Sec. 5. To the extent administratively and financially feasible, all agencies implementing or enforcing regulations adopted under this chapter shall undertake a program of public education that seeks voluntary compliance to the maximum amount possible.

NEW SECTION. Sec. 6. Local governments shall prepare and adopt local plans and ordinances or revise existing plans and ordinances to comply with the policies and guidelines contained in state adopted regulations.

These plans or revisions to existing plans or ordinances shall, when required by specific regulations adopted pursuant to this chapter, be submitted to the appropriate state agencies for their review, comment, and either approval or disapproval. Following approval, the plan shall be declared adopted and any future amendments to the plan shall be forwarded to the appropriate state agency in the same manner as the plan.

If a locally submitted plan is disapproved, the state agency shall recommend to the local government revisions to the plan that would be necessary for the plan to be approved by the state agency.

Local governments shall then either adopt those state agency recommended revisions or appeal the decision to the pollution control hearings board except for cases that are eligible for review by the shorelines hearings board.

NEW SECTION. Sec. 7. The pollution control hearings board shall hear the appeals brought by local governments and other affected parties under this chapter and regulations adopted or actions taken pursuant to this chapter. However, if any appeal is subject to the shorelines hearings board, it shall instead be submitted to the shorelines hearings board for decisions.

NEW SECTION. Sec. 8. At least every two years the department of ecology and the Puget Sound water quality authority shall undertake a comprehensive review of existing laws and regulations relating to the waters and sediment of Puget Sound.

Following this review, either the department of ecology or the authority may recommend new laws or revisions in existing law to the legislature. The authority may also request that the department of ecology initiate new or revised regulations based upon this review and supported by evidence or studies relating to the waters and sediment of Puget Sound.

NEW SECTION. Sec. 9. The department of ecology is declared to be the administrative agency responsible for the planning, coordinating, and implementing Puget Sound-wide strategies intended to improve the water and sediment quality in Puget Sound.

The department of ecology shall inform and gather information and recommendations from all other appropriate local, state, and federal agencies on issues relating to Puget Sound and properly notify and solicit the views from major affected private parties on proposed regulations.

Sec. 10. Section 1, chapter 243, Laws of 1983 and RCW 90.70.010 are each amended to read as follows:

(1) There is established the Puget Sound water quality authority consisting of twenty-one members appointed by the governor. In making the appointments to the authority, the governor shall seek to include representation of all interested parties, including ((~~federal, state, and~~)) local government, environmental and health agencies, business, citizen groups such as environmental and public interest groups, and the fisheries and tourism industries.

(2) Of the initial members appointed to the authority, six shall serve terms of four years, five shall serve terms of three years, five shall serve terms of two years, and five shall serve terms of one year. Thereafter, members shall be appointed to terms of four years. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated. Members of the authority shall receive no compensation for their service.

(3) The authority shall from time to time elect a chairman from among its members and adopt rules to govern its procedures.

Sec. 11. Section 2, chapter 243, Laws of 1983 and RCW 90.70.020 are each amended to read as follows:

The Puget Sound water quality authority shall review and when necessary conduct studies of the water quality of Puget Sound. The studies shall include, but not be limited to, the following elements:

(1) Identification of pollution-related threats to the health of important resource species of the sound, including the identification of sources, types, and concentrations of chemicals, emphasizing accumulations in important marine organisms, and identification of those chemicals responsible for degrading the health of Puget Sound marine life, as well as evaluations of the health of marine life through laboratory and field studies and identification of pollution-related changes in marine organisms;

(2) The conduct of risk assessments to evaluate possible threats of pollution to human health, including review and evaluation of pertinent literature and study results, identification and surveillance of human populations at risk, conduct of epidemiologic investigations, conduct of animal feeding studies and related research, and evaluation of data to provide a basis for proposing remedial actions;

(3) Establishment of procedures for coordination of activities and dissemination of information among agencies responsible for protecting marine life and human health and controlling the discharge of man-made chemicals into Puget Sound.

The authority shall make periodic reports on Puget Sound water quality to appropriate federal, state, and local agencies, including the legislature. In making these reports, the authority may recommend legislative and regulatory modifications to improve water quality in Puget Sound.

Sec. 12. Section 6, chapter 243, Laws of 1983 and RCW 90.70.900 are each amended to read as follows:

The Puget Sound water quality authority shall cease to exist and this chapter shall expire on June 30, ((~~1987~~)) 1995.

NEW SECTION. Sec. 13. There is appropriated the sum of two million dollars for the biennium ending June 30, 1987, to the Puget Sound water quality authority for the purposes of RCW 90.70.040: PROVIDED, That no research or studies may be initiated or undertaken by the authority until it has reviewed any similar research or studies conducted by and available from any local, state, or federal agencies or educational institutions in Washington state.

NEW SECTION. Sec. 14. Sections 1 through 9 of this act are each added to chapter 90.70 RCW.